What are the procedures for requesting the provision of personal data in Vietnam applied from July 1, 2023? 02 personal data request forms?
What are the procedures for requesting the provision of personal data in Vietnam applied from July 1, 2023?
Pursuant to Clause 1, Article 14 of Decree No. 13/2023/ND-CP, the data subject has the right to request the Personal Data Controller or the Personal Data Controller-cum-Processor to provide him/her with his/her personal data.
According to that, the procedure for requesting the provision of personal data is carried out as follows:
Step 1: Request for provision of personal data
The data subject requests to provide personal data in the following two methods:
- The data subject shall directly come or authorize another person to come to the office of the Personal Data Controller or the Personal Data Controller-cum-Processor to request for provision of his/her personal data.
- The request form for provision of personal data according to forms No. 01 and No. 02 specified in the Appendix of this Decree shall be sent electronically, by post or by fax to the Personal Data Controller, the Personal Data Controller-cum-Processor.
Step 2: Receive the request for provision of personal data
- The Personal Data Controller or the Personal Data Controller-cum-Processor shall be responsible for receiving requests for provision of personal data, and monitoring the process and the list of personal data provided upon request;
In case the data subject directly come or authorize another person to come to the office:
+ The request-receiving person shall be responsible for instructing the requesting organization or individual to fill in a personal data request form.
+ If the requesting organization or individual is illiterate or disabled, and cannot write the request, the request-receiving person shall be responsible for assisting such organization or individual in filling in the personal data request form;
- The Personal Data Controller and the Personal Data Controller-cum-Processor shall notify and instruct the requesting organization or individual to come to the competent authority or notify the inability to provide personal data in case the requested personal data falls outside of their jurisdiction.
Step 3: Settle the request for provision of personal data
When receiving a valid request for provision of personal data, the Personal Data Controller and the Personal Data Controller-cum-Processor that are responsible for providing personal data shall:
- Notify the deadline, location, methods of providing personal data; actual costs for printing, copying, photocopying and sending information by post, by fax (if any) and payment method and term;
- Provide personal data.
Deadline for settlement:
The Personal Data Controller or the Personal Data Controller-cum-Processor shall provide the personal data of the data subject within 72 hours after receiving his/her request, unless otherwise provided for by law.
What are the procedures for requesting the provision of personal data in Vietnam applied from July 1, 2023? 02 personal data request forms?
What are the regulations on the personal data request form?
- For individuals
Form No. 01 promulgated together with Decree No. 13/2023/ND-CP is as follows:
Download the personal data request form: Here
- For the organization
Form No. 02 promulgated together with Decree No. 13/2023/ND-CP is as follows:
Download the personal data request form: Here
In what cases do the Personal Data Controller and the Personal Data Controller-cum-Processor not provide personal data?
Pursuant to the provisions of Clause 4, Article 14 of Decree No. 13/2023/ND-CP, the Personal Data Controller and the Personal Data Controller-cum-Processor shall not provide the personal data in the following cases:
- It causes harm to the national security, social order and safety;
- The provision of personal data may affect the safety, physical or mental health of other persons;
- The data subject does not consent to provision of his/her personal data, and does not permit or authorize any Third Party to receive his/her personal data.
Decree No. 13/2023/ND-CP takes effect from July 1, 2023.
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